remanded H-1B Case: Recreation Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-S- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN . 9, 2020 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FROM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner,~ !seeks to temporarily employ the Beneficiary as a "regional 
director" under the H-1B nonirnmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both: (a) the theoretical and practical application of a body of highly specialized knowledge; 
and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a 
minimum prerequisite for entry into the position . 
The Director of the California Service Center denied the petition , concluding that the record does not 
establish that the Standard Occupational Classification (SOC) code designated on the labor condition 
application (LCA) submitted in support of the petition corresponds to the proffered position's duties . 
On appeal , the Petitioner asserts that the Director erred in the decision. 
While we conduct de nova review on appeal, we conclude that a remand is warranted in this case . 
As presently constituted , the record does not establish whether the proffered position qualifies as a 
specialty occupation . See 8 C.F .R. § 214.2(h)( 4 )(iii)(A). Specifically , on the LCA I submitted in 
1 The Petitioner is required to submit a certified LCA to U.S. Citizenship and Immigration Services to demonstrate that it 
will pay an H-lB worker the higher of either the prevailing wage for the occupational classification in the "area of 
employment " or the actual wage paid by the employer to other employees with similar experience and qualifications who 
are performing the same services. See Matter of Simeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 2015). 
The LCA serves as the critical mechanism for enforcing section 212(n)(l) of the Act, 8 U.S .C. § l 182(n)(l) . See Labor 
Condition Applications and Requirements for Employers Using Nonimmigrants on H-lB Visas in Specialty Occupations 
and as Fashion Models ; Labor Certification Process for Permanent Employment of Aliens in the United States, 65 Fed. 
Reg. 80,110, 80,110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56) (indicating that the wage 
protections in the Act seek "to protect U.S. workers' wages and eliminate any economic incentive or advantage in hiring 
temporary foreign workers" and that this "process of protecting U.S. workers begins with [the filing of an LCA] with 
[DOL]."). According to section 212(n)(l)(A) of the Act, an employer must attest that it will pay a holder of an H-lB visa 
the higher of the prevailing wage in the "area of employment " or the amount paid to other employees with similar 
experience and qualifications who are performing the same services. See 20 C.F.R. § 655.73l(a) ; Venkatraman v. REI 
Sys., Inc., 417 F.3d 418, 422 & n.3 (4th Cir. 2005) ; Patel v. Boghra , 369 F. App'x 722, 723 (7th Cir. 2010) ; Michal 
Matter of C-S- Corp. 
support of the H-lB petition, the Petitioner designated the proffered position under the occupational 
category "Recreation Workers," corresponding to the SOC code 39-9032.00 from the Occupational 
Information Network (O*NET). The subchapter of the Handbook entitled "How to Become a 
Recreation Worker" states, in relevant part, that "[recreation] workers typically need at least a high 
school diploma or the equivalent and receive on-the-job training." Bureau of Labor Statistics, U.S. 
Dep't of Labor, Occupational Outlook Handbook, Recreation Workers, https://www.bls.gov/ooh/ 
personal-care-and-service/recreation-workers.htm#tab-4 (last visited Jan. 8, 2020). Therefore, 
regardless of whether the proffered position's duties correspond to those of"Recreation Workers," the 
occupational category designated by the Petitioner does not require (1) a bachelor's or higher degree 
(2) in a spec[fic specialty, or its equivalent. 
The Director noted in the decision: "Whereas a Recreation Workers is [sic] a simple occupation that 
is not responsible for managing, promoting the organization, recruiting, fondraising, interpreting 
policy or record keeping as your proffered position requires." However, typical duties of "Recreation 
Workers" include the following managerial, promotional, and related tasks: 
• Manage the daily operations of recreational facilities. 
• Supervise and coordinate the work activities of personnel, such as training staff 
members and assigning work duties. 
• Organize, lead, and promote interest in recreational activities, such as ... 
sports .... 
• Assess the needs and interests of individuals and groups and plan activities 
accordingly, given the available equipment or facilities. 
• Evaluate staff performance, recording evaluations on appropriate forms. 
• Meet and collaborate with agency personnel, community organizations, and other 
professional personnel to plan balanced recreational programs for participants. 
O*NET OnLine Summary Report for "39-9032.00 Recreation Workers," 
http://www.onetonline.org/link/summary/39-9032.00 (last visited Jan. 8, 2020). Therefore, the 
primary issue is not whether the Petitioner appropriately designated the position as a "Recreation 
Worker" but rather whether the particular position qualifies as a specialty occupation, despite the 
Handbook's observation of the qualifying education below a bachelor's level, without a specific 
specialty. 
Accordingly, the matter will be remanded to the Director to consider the specialty-occupation issue 
and enter a new decision. The Director may request any additional evidence considered pertinent to 
the new determination and any other issue. As such, we express no opinion regarding the ultimate 
resolution of this case on remand. 
Vojtisek-Lom & Adm 'r Wage & Hour Div. v. Clean Air Tech. Int'!. Inc., No. 07-97, 2009 WL 2371236, at *8 (Dep't of 
Labor Admin. Rev. Bd. July 30. 2009). 
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Matter of C-S- Corp. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
Cite as Matter of C-S- Corp., ID# 5213724 (AAO Jan. 9, 2020) 
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